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Who can apply for a religious worker visa? Religious worker visas are
available to people coming to work for a religious organization in the United
States as a minister, in a professional capacity, or in a religious vocation or
occupation.
"Ministers" are individuals authorized by a recognized religious denomination
to conduct religious worship and perform other duties normally performed by the
clergy.
"Professional capacity" means that the position the individual will be
working in requires at least a bachelor's degree.
A "religious occupation" is any activity which relates to a traditional
religious function. Persons in a religious occupation include liturgical
workers, religious instructors, missionaries, religious counselors, workers in
religious hospitals or health facilities, cantors, catechists, or religious
broadcasters, but not janitors, clerks, or persons involved solely in the
solicitation of donations.
A "religious vocation" is a calling to religious life evidenced by the
demonstration of a commitment practiced in the religious denomination, such as
the taking of vows.
What are the differences between the R-1 nonimmigrant visa and the
immigrant religious worker visa?
Time in the United States. The R-1 nonimmigrant visa is a
temporary visa, with a maximum stay of five years. In contrast, obtaining
permanent residence through the immigrant religious worker visa allows a person
to live and work permanently in the United States.
Requirements. To obtain R-1 nonimmigrant status, the applicant
must have been a member of the sponsoring organization's religious denomination
for the two years immediately before the petition is filed. To obtain permanent
residency, the applicant must have actually worked for two years in the
capacity that he or she plans to work in the United States.
Because of this difference, it is common for religious workers to initially
enter the United States on an R-1 visa and then apply for permanent residence
two years later.
Which organizations can sponsor a religious worker?
Any bona fide non-profit religious organization can sponsor a
religious worker. The organization must be "closely associated" with the
applicant's religious denomination. An interdenominational organization may
sponsor a worker from any of its religious denominations.
"Non-profit" means that the organization is exempt from taxation under
section 501(c)(3) of the Internal Revenue Code or would qualify for non-profit
status if the organization applied for it with the Internal Revenue Service.
How much do I need to be paid?
There is no set answer to this question. To qualify for the visa, the
applicant must show that he or she will not become a public charge, that is,
rely on assistance from the government. That means that the sponsoring
organization must offer to cover all the applicant's expenses (as in a religious
order, for example) or to compensate the applicant sufficiently.
Although there is no stated minimum salary for religious workers, my office
generally recommends individuals receive compensation worth 125% of the federal
poverty guidelines, or a little over $11,000 for one person.
Can I work in a second job in addition to my religious occupation?
R-1 status only allows you to work for the sponsoring organization; outside
employment is not permitted. However, it is possible to have two or more
organizations of the same denomination sponsor you for part-time work with each
organization.
Once you obtain permanent residence, you can work outside of the sponsoring
organization. to top
How much time will I get on the R-1 visa?
The initial period of time given for an R visa is normally three years, with
a two-year extension possible, for a total of five years. This five-year period
applies to both R-1 and R-2 (dependent family) status, even if you switch in the
middle of your stay.
If you live outside the United States for one year, you regain the five-year
maximum stay. Short trips to the U.S. during this time are OK, but they do not
count towards the one-year absence.
It is possible to extend your stay beyond the five years by reclaiming time
spent on trips outside of the United States, but you will need to document your
entries and exits.
What documents will I need?
The sponsoring organization will need to provide proof of 501(c)(3) status
and a letter supporting the visa petition.
The applicant should provide evidence of their membership in the religious
denomination and proof of qualifications for the offered position (baccalaureate
degree, certificate of ordination, etc.).
If filing the petition in the United States, all documents in a foreign
language will need to be accompanied by a certified translation.
What is the process for obtaining the visa?
R-1 nonimmigrant status. If you are outside of the United
States, you do not need to file a petition ahead of time. You simply take the
supporting documents to a US consulate to apply for the visa.
If you are already in the United States on a different nonimmigrant visa, the
sponsoring organization files a petition to change your status to R-1 religious
worker and extend your stay.
Permanent residence. Whether you are in the United States or
abroad, the sponsoring organization begins the process by filing the immigrant
visa petition with an INS service center. Once the petition is approved, you
file an application for permanent residence with the INS, if in the United
States, or, if abroad, apply for an immigrant visa with a US consulate. You
become a permanent resident once you enter the United States with the immigrant
visa.
How long will it take?
R-1 nonimmigrant status. US consulates are normally able to
issue an R-1 visa in a matter of days, while it takes much longer for the INS to
adjudicate the petitions in the United States, usually 2-3 months or longer. It
is possible to have the petition decided in 2 weeks through premium processing,
for an extra fee.
Permanent residence. Expect the immigrant visa petition to take
6 months or more.
Once the petition is approved, consular processing normally takes 2-3 months.
If you are in the United states, the application for permanent residence for
people in the United States may take over a year depending on where it is filed,
but during this time you can travel and work with INS permission.
What if I am out of status?
If you are out of status (i.e., you have overstayed your visa or you entered
without one), in most cases you cannot change status to R-1 religious worker or
adjust status to permanent resident. You may be successful by returning to your
country to apply for the religious worker visa, but there are serious penalties
for staying in the United States illegally. It's recommended to speak to a
lawyer before choosing this course of action.
If you were the beneficiary of an immigrant visa petition (I-130 or I-140) or
labor certification before April 30, 2001, you may be able to adjust status to
permanent residence under section 245(i).
What about my family?
R-1 nonimmigrant status. Your spouse and children under 21 may
live--but not work--in the United States on R-2 status. Family members apply for
an R-2 visa at a US consulate or file a separate petition to change their status
if in the United States.
Permanent residence. Your spouse and children under 21 are
included in the immigrant visa petition, so that they are eligible to apply for
permanent residence once the petition is approved. In addition, your family
members in the United States are eligible for work authorization while the
applications for permanent residence are pending.
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